Texas Property Code - Section 301.025. Disability
Legal Research Home >
Texas Laws > Property Code > Texas Property Code - Section 301.025. Disability
§ 301.025. DISABILITY. (a) A person may not discriminate
in the sale or rental of, or make unavailable or deny, a dwelling to
any buyer or renter because of a disability of:
(1) the buyer or renter;
(2) a person residing in or intending to reside in that
dwelling after it is sold, rented, or made available; or
(3) any person associated with the buyer or renter.
(b) A person may not discriminate against another in the
terms, conditions, or privileges of sale or rental of a dwelling or
in the provision of services or facilities in connection with the
dwelling because of a disability of:
(1) the other person;
(2) a person residing in or intending to reside in that
dwelling after it is sold, rented, or made available; or
(3) any person associated with the other person.
(c) In this section, discrimination includes:
(1) a refusal to permit, at the expense of the person
having a disability, a reasonable modification of existing premises
occupied or to be occupied by the person if the modification may be
necessary to afford the person full enjoyment of the premises;
(2) a refusal to make a reasonable accommodation in
rules, policies, practices, or services if the accommodation may be
necessary to afford the person equal opportunity to use and enjoy a
dwelling; or
(3) the failure to design and construct a covered
multifamily dwelling in a manner:
(A) that allows the public use and common use
portions of the dwellings to be readily accessible to and usable by
persons having a disability;
(B) that allows all doors designed to allow
passage into and within all premises within the dwellings to be
sufficiently wide to allow passage by a person who has a disability
and who is in a wheelchair; and
(C) that provides all premises within the
dwellings contain the following features of adaptive design:
(i) an accessible route into and through
the dwelling;
(ii) light switches, electrical outlets,
thermostats, and other environmental controls in accessible
locations;
(iii) reinforcements in bathroom walls to
allow later installation of grab bars; and
(iv) kitchens and bathrooms that are usable
and have sufficient space in which an individual in a wheelchair can
maneuver.
(d) Compliance with the appropriate requirements of the
American National Standard for buildings and facilities providing
accessibility and usability for persons having physical
disabilities, commonly cited as "ANSI A 117.1," satisfies the
requirements of Subsection (c)(3)(C).
(e) Subsection (c)(3) does not apply to a building the first
occupancy of which occurred on or before March 13, 1991.
(f) This section does not require a dwelling to be made
available to an individual whose tenancy would constitute a direct
threat to the health or safety of other individuals or whose tenancy
would result in substantial physical damage to the property of
others.
(g) In this subsection, the term "covered multifamily
dwellings" means:
(1) buildings consisting of four or more units if the
buildings have one or more elevators; and
(2) ground floor units in other buildings consisting
of four or more units.
Added by Acts 1993, 73rd Leg., ch. 268, § 40, eff. Sept. 1, 1993.
Section: 301.003 301.004 301.005 301.021 301.022 301.023 301.024 301.025 301.026 301.027 301.041 301.042 301.043 301.044 301.062
Last modified: August 11, 2007
|
